TNAG-2328-FCO40-3372-Hong-Kong-Bill-of-Rights-functional-constituencies-1991 — Page 4

1. Mr Ranks, Legal Advisers

fer

"Taconsisteixes we

(to add

any

comments or make

and

then to :

HKC241/8

any

new lile ósé par de

amerdments)

for $77.

2.

* Did we

Ms Major, HKD

c Ms Sanders, HKD

HK

Bill of Rights and the Hic Electoral System:

Functional Constituencies

I can

see

Hk Tel

No

2092

о

some force to the criticisms made

by Wennegren, Wako and

Aguillar (TUR para 3) Article 25(6) ICCPR requires genuine peiodic elections to be held, and that

they shall be "by universal and equal suffrage". The functional constituency system is plainly inconsistent with these provisions, We would have to

rely for our defence on the resevation

25(6). (BOR, section 13)

make any to Article response

to

re

米

It

these points could be argued, cogently in my view, that

at the HRC

hearing?

I assume

not.

CODE

18-77

scope of the the reservation is

"in

of

Thus

an

limited

by

the

wards

"

so far as it may require the establishment

elected... Legislative Council in Hiz "

are not obliged to establish an

We

electoral system,

But insoforas we choose to

do so, we move outside the

reservation and therefore are

Comply

scope

of the

Abliged to

with Article 25 (6). If we choose to